USE OF MONARCH PRINTING GROUP WEB SITE

You are granted permission to access and use Monarch Printing Group LLC’s (MPG) website as long as you (the Client) agree to the following Terms & Conditions Agreement set forth herein. By using the MPG website, the Client agrees to be bound by these Terms & Conditions Agreement in their totality. If the Client does not agree to the Terms & Conditions Agreement of MPG’s website, the Client should immediately cease all usage of this website. MPG reserves the right, at any time, to modify, alter or update the Terms & Conditions Agreement of this website without prior notice. Modifications shall become effective immediately upon being posted at the MPG website. The Client’s continued use of this website after it has been amended and posted constitutes an acknowledgement and acceptance of the modified Terms & Conditions Agreement of this website. Except as provided in this paragraph, these Terms & Conditions Agreement may not be amended.

The Client agrees to use this website in a responsible manner for which it was intended which is for the sole purpose of preparing, evaluating and ordering products and services from MPG. The Client agrees to use this website in compliance with all applicable laws and regulations.

GOVERNING LAW AND JURISDICTION

MPG operates this website (with the exception of linked websites, over which MPG does not have authority or control) and its business operation from our offices within the State of New Jersey. The Client agrees that this Terms & Conditions Agreement shall be governed in all respects by the laws of the State of New Jersey without regard to its conflict of law provisions. The Client further agrees to submit to the exclusive jurisdiction and venue in the state and federal courts located closest to the County of Passaic in the State of New Jersey for all disputes, cases and controversies regarding this Terms & Conditions Agreement, the Client’s use of this website and relationship with MPG. Should MPG bring any action against the Client to enforce its rights under the Terms & Conditions Agreement and prevail, MPG shall be entitled to recover all costs and expenses, including without limitation, reasonable attorney’s fees and costs incurred in connection with such action, including any appeal of such action.

All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America.

WAIVER OF COUNTERCLAIMS

RIGHT TO PRINT

By placing an order with MPG, the Client warrants that the Client has the right, authority and all necessary permission to print the items they are requesting and authorizes MPG to print the items on the Client’s behalf. The Client agrees that the Client is solely responsible for the content contained in the print projects they order from MPG. The Client agrees that they will not include any image, design element, text, trade secret, trademark, service mark, intellectual property or any copyrighted work of any third party in their print projects unless the Client has obtained the appropriate authorizations from the owners. The Client warrants that their print products do not infringe upon any rights of any third party, including but not limited to copyright, trademark, trade secret, right of publicity or privacy, and will not libel or defame any third party, and that the Client has all required rights or permissions necessary to incorporate third party material into their print products.

INDEMNIFICATION

The Client agrees to indemnify and hold harmless MPG and their officers, directors, employees, suppliers, vendors or agents for claims, losses, costs, expenses and/or liabilities of any nature, including without limitation, reasonable attorney’s fees and costs, arising from the Client’s negligence in its performance hereunder, including but not limited to the Clients provision of artwork and or copy for printing that is later deemed to have errors or is deemed to have alleged copyright or trademark infringement of title, image, design, or slogan, or any claim of plagiarism or other material the client incorporated in the product or the Client’s breach of any representation or covenant hereunder. In the event of the Client’s negligence, MPG and their officers, directors, employees, suppliers, vendors or agents will not be liable to the Client or any other party for punitive, special, incidental, consequential, indirect or other similar damages, including, but not limited to, damages or costs incurred as a result of loss of time, loss of data, or loss of profits or revenue.

This indemnity shall survive the termination of this agreement.

DISCLAIMER OF WARRANTY

MPG’s website and its content are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Client acknowledges that operation of the site may not be uninterrupted or error free in terms of correctness and accuracy of information provided, reliability, or otherwise. References and links to products or services of independent companies may appear on the site. These references and links are provided "as is" without warranty of any kind, either expressed or implied.

LIMITATION OF LIABILITY

In no event shall MPG or their officers, directors, employees, suppliers, vendors or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits or revenue, arising out of or in connection with the use or performance of MPG’s website or of failure to provide products or services that the Client orders from MPG or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall MPG be liable or responsible for any damages or consequences arising from or related to the Client’s inappropriate or unauthorized use of this website or its content.

RIGHT TO REFUSE SERVICE

MPG reserves the right at MPG’s sole discretion to cancel or otherwise refuse to print jobs it deems are obscene, pornographic, offensive, defamatory or unlawful. MPG reserves the right to charge the Client for services rendered up to the point that the job was cancelled.

PROOFS

All files supplied by the Client are automatically understood to be ready to produce unless the Client clearly states in writing at the time of ordering that alterations are required. Files and artwork created or altered by MPG will require proofing.

Client is responsible for examining all text, content and spelling as well as design, font style, margin and all elements contained in any proof furnished to them. The Client’s approval of a proof is binding. Once MPG receives the Client’s approval, MPG will begin production of the job and the Client will be responsible for any errors contained in the file and proof. Any corrections or revisions requested and made after approval will result in additional charges.

MPG does not accept verbal approvals. The Client is required to send MPG an email stating the proof has been approved or that the file or artwork requires alterations.

Online proofing speeds up the production timeline and most proofs are delivered via email. Due to differences in computer monitors and printers, there may be color variations between proof and the final printed piece. Color accuracy can only be achieved by requesting a hard copy proof for color critical jobs. There is, however, additional cost for hard copy proofs.

COLOR VARIATION

MPG does not guarantee the color of the items it prints will match exactly any printed items the Client has received from another printer.

ARTWORK/FILE REQUIREMENTS

MPG recommends that the Client use high resolution artwork of at least 600 dpi. If the Client sends artwork of lower resolution, MPG will not be liable for the quality of the printed images and text.

Wherever the design extends to the edge of the sheet of paper (trim line), the Client must include at least 1/8 of an inch bleed. Bleed is where the artwork and design extend past the trim line to ensure there will not be any white space when the paper is trimmed down. Additionally, do not place any important image or text within 1/8 of an inch margin from the edge of the sheet of paper (trim line) to ensure that it does not get cut off when the paper is trimmed down.

OVER-RUN & UNDER-RUN

In compliance with industry standards, there is a 10% over-run or under-run allowed on all orders.

TRANSFER OF TITLE

The Client agrees that the shipping terms for all printed products are FOB shipping point. Whether the order is a domestic or international delivery, the Client agrees that once the product leaves MPG’s premises and MPG transfers possession of an order to UPS or other carrier, the risk of loss or damage and title for such items transfers immediately to the Client. MPG does not guarantee that the carrier will deliver packages as promised.

For any product that is to be provided to the Client in an electronic format, the Client agrees that delivery of such product shall be deemed to have taken place when MPG transmits the product via email or other electronic communication addressed to the Client. The Client is responsible for checking to make sure that their email system is not blocking MPG’s emails.

TURNAROUND

Turnaround times start when the following criteria have been met: Proofs have been approved and the order has been processed.

All turnaround times are based on business days and do not include Saturday, Sunday and holidays. Turnaround times for jobs submitted after 4:00 EST will begin the next business day even though production may begin immediately at MPG's discretion.

Production delays due to mechanical malfunctions, severe weather, failure of suppliers to deliver materials, etc. will not force MPG to upgrade the shipping method to accommodate a proposed shipping date. Prior to shipping, the Client may upgrade the shipping method at the Client’s own expense.

DELIVERY DATES

MPG does not guarantee delivery dates due to unforeseen delays beyond MPG’s control.

PAYMENTS

Orders must be paid when the order is placed (generally with a credit card) unless credit terms have been established. Without exception, credit terms are as follows: balance to be paid in ten (10) days. Upon shipment of their job, Client will receive an email providing an invoice for that job and tracking number (when applicable). Clients with terms should approve invoice and immediately submit it to their Accounts Payable department in a timely manner for payment. If an invoice becomes delinquent, MPG will send an email notice stating the invoice is past due. If payment is not received within five (5) days, Client’s account will be suspended until payment is received.

RETURN AUTHORIZATION

The Client is responsible for inspecting their order upon receipt and shall have five (5) business days to notify MPG of any defects or discrepancies. The Client must receive a RETURN AUTHORIZATION from MPG before attempting to return any product. Any returned product shipped to MPG without a RETURN AUTHORIZATION will be refused by MPG. After receiving a RETURN AUTHORIZATION from MPG, the Client must return the product at the Client’s expense within five (5) days from the date of the RETURN AUTHORIZATION. Once MPG is in receipt of the returned product, MPG, at its sole discretion, will determine if the claim of defect was reasonable or not. Should MPG determine the claim of defect was justified, then MPG will issue a credit or reprint the job at no additional cost and have it shipped using the original shipping method. However, if MPG determines the claim of defect was unjustified, no refund shall be given to the Client.

CLIENT DELAYS

MPG will honor a price quote for thirty (30) days. Should the Client delay the order or project for any reason including but not limited to not approving or furnishing artwork, files or selection of paper stock, etc., MPG reserves the right to adjust the price to cover any additional costs that may be incurred by MPG due to the delay. Should the Client fail to finalize their order within one year (365 days) the order will become void and all monies paid will be forfeited.

PROMOTIONS

Promotions are only valid for the period specified. If there is no period specified for a promotion, it will be deemed to be invalid or over when all references to that promotion are removed from MPG’s website.

CHANGES OR CANCELLATION OF ORDER

Once MPG receives the Client’s approval, MPG will begin production of the job. Once production starts, any changes will result in additional charges for the Client. If a job is cancelled for any reason whatsoever, all work completed up to the time the job was cancelled, all items that MPG is unable to return and all costs incurred by MPG to produce the job will be charged to the Client.

SEVERABILITY

If any provision of this Terms & Conditions Agreement shall be found to be invalid, unlawful, void or unenforceable for any reason, that provision shall be omitted and the other provisions shall not be affected, shall remain valid and enforceable.